Smith v. Wisconsin Mutual Insurance Company

369 Wis. 2d 244, 880 N.W.2d 183 (2016)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Smith v. Wisconsin Mutual Insurance Company

Wisconsin Court of Appeals
369 Wis. 2d 244, 880 N.W.2d 183 (2016)

Facts

Thomas and Cary Smith (plaintiffs) owned an 11-year-old dog that was attacked by their neighbors’ (defendants) larger dog. As a result of the attack, the Smiths incurred over $12,000 in veterinary bills to save the dog’s life. The Smiths then brought suit against their neighbors under the Wisconsin dog-owner liability statute. The statute provided that when an owner had prior notice of the dog’s dangerous nature, a plaintiff could seek to double damages. Thus, the Smiths contended that they were entitled to recover two times the total veterinary expenses. The neighbors’ insurer, Wisconsin Mutual Insurance Company (Wisconsin Mutual) (defendant), sought a declaratory ruling as to the proper measure of damages, and argued that the proper measure was the lesser of the cost of repair or the dog’s pre-attack fair market value. The Smiths argued that family pets are akin to heirlooms, keepsakes, and family pictures that have greater emotional and sentimental value than market value. The circuit court found for Wisconsin Mutual, and the Smiths appealed.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 816,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 816,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 816,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership